Q. When my father died, his legal heirs were my mother, I and two sisters. But marriage of my elder sister was not according to the wishes of my mother as it was love marriage. Due to this reason, my mother doesn’t want to give her any share from the property. Is it possible for my sister to claim property under Hindu Laws?

In your matter your sister although had a love marriage she has full right in the share of the father’s property under the new Hindu Succession (Amendment) Act 2005. Your mother cannot say she will not give a share to your sister in the property just because she had a love marriage. Your sister can go to court to get her share in the property.

Earlier under The Hindu Succession Act 1955 female heirs did not have any right to parental home although they had the right in the share of their father’s property. But the amendment Act has ensured that this discrimination is removed.

The marital status of any children either daughter or sons does not matter even if they are married their legal right to have one share on the father’s property persist and even in sale of the family home as well. All the daughters may approach the civil court to seek for partition from their brothers/father.

The Hindu Succession (Amendment) Act 2005 states that even daughters have equal rights in their ancestral property as inheritable right under Class 1 Heir for Hindus. The Hindu Succession (Amendment) Act 2005 act has retroactive effect it means it applies even to girls born before 2005.

Section 6 of the said Act states that a daughter of a coparcener shall by birth be a coparcener and have same rights to property as if she had been a son. The daughter should be allotted same share as it is allotted to a son. Even daughters can claim equal right in the self-acquired or any separate property of the father.

The Special Marriage Act 1954 Section 20 states that every marriage conducted under this Act will have same rights and shall be subject to same disabilities with regard to right of succession to any property.

Some cases which relate to your matter are Shri Badrinarayan Shankar Bhandari and Ors vs Ompraskash Shankar Bhandari, Shri Ashok GangadharShedge vs Ramesh GangadharShedge, Vasant DhondiramChoudhari vs SadashivDhondiramChoudhari(14/08/2014)held that daughters born prior to 1956 or thereafter shall have the right over the property under the said Amendment Act. GanduriKoteshwaramma and another vs ChakiriYanadi(12 October 2011) and another in this case Supreme Court held that females have the rights to inherit in the fathers property.